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eBook details

• Title: Foster v. Civil Service Commission Of
• Author : Second Appellate District, Division Seven Court of Appeal of California
• Release Date : January 27, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In this case of first impression, we hold that the decision in Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal. 3d 880 [153 Cal. Rptr. 842, 592 P.2d 329], is retroactive. We further hold that a claimant who settles with some tortfeasors and then recovers a net judgment of zero against other insured tortfeasors is not precluded by that judgment from bringing a bad faith suit against the breaching insurance carrier. Finally, we also hold that although a subsequent tender of the policy does not cure an earlier bad faith breach, it does serve to mitigate damages.

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